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Arkansas Code Title 23. Public Utilities and Regulated Industries § 23-92-603. Third-party requirements

Current as of March 28, 2024 | Updated by Findlaw Staff

A third party shall:

(1) Inform a patient that the patient is not required to use a mail-order pharmacy;

(2) Obtain a signed waiver from a patient before allowing the use of a mail-order pharmacy;

(3) Make drug formulary and coverage decisions based on the third party's normal course of business;

(4) Allow a patient the freedom to use any pharmacy or any provider the patient chooses, whether or not the pharmacy participates in 340B drug pricing; and

(5) Eliminate discriminatory contracting as it relates to:

(A) Transferring the benefit of 340B drug-pricing savings from one (1) entity, including critical access hospitals, federally qualified health centers, other hospitals, or 340B drug-pricing participants and their underserved patients, to another entity, including without limitation pharmacy benefits managers, private insurers, and managed care organizations;

(B) Pricing that occurs when offering a lower reimbursement for a drug purchased under 340B drug pricing than for the same drug not purchased under 340B drug pricing;

(C) Refusal to cover drugs purchased under 340B drug pricing;

(D) Refusal to allow 340B drug-pricing pharmacies to participate in networks; and

(E) Charging more than fair market value or seeking profit sharing in exchange for services involving 340B drug pricing.

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Cite this article: FindLaw.com - Arkansas Code Title 23. Public Utilities and Regulated Industries § 23-92-603. Third-party requirements - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-23-public-utilities-and-regulated-industries/ar-code-sect-23-92-603/

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